Federal Register / Vol. 71, No. 187 / Wednesday, September 27, 2006 / Notices 56553 

States Attorney for the Southern District 

of Indiana, U.S. Courthouse—5th Floor, 

46 East Ohio Street, Indianapolis, IN 

46204 (contact Asst. U.S. Attorney 

Thomas Kieper (317)–26–6333)), and at 

U.S. EPA Region 5, 7th Floor Records 

Center, 77 West Jackson Blvd., Chicago, 

Illinois 60604 (contact Assoc. Regional 

Counsel Larry Johnson (312–886–6609)). 

During the public comment period, the 

proposed consent decree may also be 

examined on the following Department 

of Justice Web site http:// 

www.usdoj.gov/enrd/open.html. A copy 

of the proposed consent decree may also 

be obtained by mail from the Consent 

Decree Library, P.O. Box 7611, U.S. 

Department of Justice, Washington, DC 

20044–7611 or by faxing or e-mailing a 

request to Tonia Fleetwood 

(tonia.fleetwood@usdoj.gov), fax no. 

(202) 514–1547. In requesting a copy 

from the Consent Decree Library, please 

enclose a check in the amount of $12.50 

(25 cents per page reproduction cost) 

payable to the U.S. Treasury or, if by email or fax, forward a check in that 

amount to the Consent Decree Library at 

the stated address. 

William Brighton, 

Assistant Chief, Environmental Enforcement 

Section, Environment and Natural Resources 

Division. 

[FR Doc. 06–8297 Filed 9–26–06; 8:45 am] 

BILLING CODE 4410–15–M 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Consent Decree 

Under the Clean Air Act 

Notice is hereby given that on 

September 1, 2006, a proposed Consent 

Decree (‘‘Decree’’) in United States v. 

Ford Motor Company, Civil Action No. 

4:06–1311 was lodged with the United 

States District Court for the Eastern 

District of Missouri. 

In this action the United States sought 

civil penalties and injunctive relief for 

alleged violations of the industrial 

refrigerant repair, testing, recordkeeping, and reporting regulations at 40 

CFR part 82, subpart F, 82.150–82.166, 

(‘‘Recycling and Emission Reduction’’), 

promulgated pursuant to Subchapter VI 

of the Clean Air Act (‘‘Stratospheric 

Ozone Protection’’), 42 U.S.C. 7671–

7671q. The alleged violations relate to 

one industrial process refrigeration 

appliance, which leaked 

chlorofluorocarbons, at Defendant’s 

assembly plant located in Hazelwood, 

Missouri. 

The Department of Justice will receive 

for a period of thirty (30) days from the 

date of this publication comments 

relating to the Decree. Comments should 

be addressed to the Assistant Attorney 

General, Environment and Natural 

Resources Division, P.O. Box 7611, U.S. 

Department of Justice, Washington, DC 

20044–7611, and should refer to United 

States v. Ford Motor Company, D.J. Ref. 

90–5–2–1–08127. 

The Decree may be examined at the 

Office of the United States Attorney, 

Eastern District of Missouri, 111 South 

Tenth Street, Room 20.333, St. Louis, 

Missouri 63102, and at U.S. EPA Region 

VII 901 North Fifth Street, Kansas City, 

Kansas 66101. During the public 

comment period, the Decree, may also 

be examined on the following 

Department of Justice Web site, to 

http://www.usdoj.gov/enrd/ 

Consent_Decrees.html. A copy of the 

Decree may also be obtained by mail 

from the Consent Decree Library, P.O. 

Box 7611, U.S. Department of Justice, 

Washington, DC 20044–7611 or by 

faxing or e-mailing a request to Tonia 

Fleetwood (tonia.fleetwood@usdoj.gov), 

fax no. (202) 514–0097, phone 

confirmation number (202) 514–1547. In 

requesting a copy from the Consent 

Decree Library, please enclose a check 

in the amount of $5.50 (25 cents per 

page reproduction cost) payable to the 

U.S. Treasury or, if by e-mail or fax, 

forward a check in that amount to the 

Consent Decree Library at the stated 

address. 

Robert R. Maher, Jr., 

Assistant Chief, Environmental Enforcement 

Section, Environment and Natural Resources 

Division. 

[FR Doc. 06–8296 Filed 9–26–06; 8:45 am] 

BILLING CODE 4410–15–M 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Consent Decree 

Pursuant to the Comprehensive 

Environmental Response, 

Compensation and Liability Act 

Notice is hereby given that on 

September 12, 2006 a proposed Consent 

Decree in United States v. Mallinckrodt 

et. al, Civil Action No. 4:02CV1488, was 

lodged with the United States District 

Court for the Eastern District of 

Missouri. In this action the United 

States sought recovery of response costs 

incurred by the Environmental 

Protection Agency at the Great Lakes 

Container Corporation Superfund Site 

located in St. Louis, Missouri. The 

Consent Decree settles claims under 

CERLA against Lafarge Road Marking, 

Inc., f/k/a CenterLine Industries, Inc., f/ 

k/a Traffic Paint Mfg., Inc. 

CHEMCENTRAL H.Q. Corporation, f/k/ 

a/ Missouri Solvents & Chemical 

Company, Croda Inks Corporation, and 

Engineered Lubricants Co. The Consent 

Decree requires each Settling Defendant 

to pay the EPA Hazardous Substance 

Superfund $45,713.12 for 

reimbursement of past response costs. 

The Department of Justice will receive 

for a period of thirty (30) days from the 

date of this publication comments 

relating to the Consent Decree. 

Comments should be addressed to the 

Assistant Attorney General, 

Environment and Natural Resources 

Division, P.O. Box 7611, U.S. 

Department of Justice, Washington, DC 

20044–7611, and should refer to United 

States v. Mallinckrodt, et. al. D.J. Ref. 

90–11–3–07280. The Consent Decree 

may be examined at the Office of the 

United States Attorney, Thomas F. 

Eagleton U.S. Courthouse, 111 South 

10th Street, 20th Floor, St. Louis, MO 

63102, and at U.S. EPA Region VII, 901 

North 5th Street, Kansas City, Kansas 

66025. During the public comment 

period, the Consent Decree may also be 

examined on the following Department 

of Justice Web site, to http:// 

www.usdoj.gov/enrd/ 

Consent_Decrees.html. A copy of the 

Consent Decree amy also be obtained by 

mail from the Consent Decree Library, 

P.O. Box 7611, U.S. Department of 

Justice, Washington, DC 20044–7611 or 

by faxing or e-mailing a request to Tonia 

Fleetwood (tonia.fleetwood@usdoj.gov), 

fax no. (202) 514–0097, phone 

confirmation number (202) 514–1547. In 

requesting a copy from the Consent 

Decree Library, please enclose a check 

in the amount of $4.00 (without 

attachments) or $5.50 (with 

attachments) for United States v. 

Mallinckrodt, et. al. (25 cents per page 

reproduction cost) payable to the U.S. 

Treasury. 

Robert Maher, 

Assistant Section Chief, 

Environmental Enforcement Section. 

[FR Doc. 06–8299 Filed 9–26–06; 8:45 am] 

BILLING CODE 4410–15–M 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Consent Decree 

Between the United States and 

Seaboard Foods LP 

Under 28 CFR 50.7, notice is hereby 

given that on September 15, 2006, a 

proposed consent decree (‘‘Consent 

Decree’’) between the United States and 

Seaboard Foods LP (‘‘Seaboard’’) was 

lodged with the United States District 

Court for the Western District of 

Oklahoma (Civil Action Number: 06–

cv–00989–R). 

The Consent Decree would resolve 

claims asserted by the United States in 


rwilkins on PROD1PC63 with NOTICES
56554 Federal Register / Vol. 71, No. 187 / Wednesday, September 27, 2006 / Notices 

a Complaint filed on the same day 

against Seaboard seeking injunctive 

relief and the assessment of civil 

penalties for violations of the Clean 

Water Act (CWA), 33 U.S.C. 1311 et 

seq., and the Comprehensive 

Environmental Response, 

Compensation, and Liability Act 

(CERCLA), 42 U.S.C. 9601 et seq., at 

Seaboard’s concentrated animal feeding 

operations (CAFOs) in the states of 

Oklahoma, Colorado, Kansas, and 

Texas. 

Specifically, the Complaint alleges 

that, due to construction activity at its 

Dorman South Sow Farm Site, located 

in Beaver County, Oklahoma, Seaboard 

was required to obtain coverage under 

the National Permit Discharge 

Elimination System (‘‘NPDES’’) General 

Permit for Construction Activities (or 

obtain an individual NPDES permit) and 

to develop and implement a stormwater 

pollution prevention plan. In the course 

of these construction activities, as well 

as construction activities at one or more 

of its other CAFO facilities, Seaboard 

allegedly disturbed greater than five 

acres and discharged pollutants, 

including eroded soil, sediment, and 

other substances associated with earthdisturbing activities, into waters of the 

United States, without a permit, as 

required by the Clean Water Act. 

In addition, the United States alleges 

that Seaboard had releases of ammonia 

emissions in excess of 100 pounds per 

day at its Choate Sow Farm, located in 

Kingfisher County, Oklahoma, as well as 

at one or more other facilities owned by 

Seaboard. The Complaint alleges that 

Seaboard failed to timely notify the U.S. 

Environmental Protection Agency’s 

National Response Center, as required 

by section 103(a) of CERCLA, 42 U.S.C. 

9603(a), regarding these releases. 

The Consent Decree provides for the 

payment of a civil penalty of $205,000 

and requires Seaboard to implement 

stormwater discharge and erosion 

measures at 16 farms, as well as to 

establish and maintain buffer strips 

surrounding sensitive wetland areas at 

17 farms—which are located in 

Kingfisher, Beaver, or Texas County, 

Oklahoma. In addition, for five years 

after entry, the Consent Decree requires 

Seaboard to apply for and comply with 

the terms of the Construction General 

Permit at any new or existing Seaboard 

facility where there is construction that 

disturbs greater than one acre, 

regardless of whether the construction is 

likely to result in a discharge to a water 

of the United States. 

The Consent Decree acknowledges 

that Seaboard has certified its 

compliance with the requirements set 

forth in section 103(a) of CERCLA, 42 

U.S.C. 9603(a) and section 304 of the 

Emergency Planning and Community 

Right to Know Act (‘‘EPCRA’’), 42 

U.S.C. 11004, to report continuous 

releases of certain air emissions from 

listed facilities in Oklahoma, Texas, 

Kansas and Colorado. As such, the 

Consent Decree resolves the civil claims 

of the United States under section 

109(c) of CERCLA, 42 U.S.C. 9609(c), 

and section 325 of EPCRA, 42 U.S.C. 

11045, through the date of lodging, for 

Seaboard’s failure to notify the National 

Response Center, in violation of section 

103 of CERCLA, 42 U.S.C. 9603, and for 

Seaboard’s failure to notify the state 

emergency response commissions and 

local emergency planning committees, 

in violation of section 304 of EPCRA, 42 

U.S.C. 11004, at each of the listed 

facilities. 

Finally, the Consent Decree notes that 

EPA issued a Monitoring Request to 

Seaboard Farms, Inc. (now Seaboard 

Foods LP) and Mission Funding, LLC on 

April 2, 2002, pursuant to section 114 

of the Clean Air Act, 42 U.S.C. 7414, 

directing it to undertake, complete, and 

report upon the monitoring, measuring, 

and estimating of certain air pollutants. 

The Consent Decree resolves any civil 

claims of the United States under 

section 113(b) of the CAA, 42 U.S.C. 

7413(b), for failure to comply with this 

Request, and states that entry of the 

Decree will serve to withdraw the 

Request. In this regard, the lodging of 

this Decree on or before September 15, 

2006, serves to validate a separate Order 

of the U.S. EPA Environmental Appeals 

Board which directly addresses the 

monitoring of air pollutants from 

Seaboard’s facilities, entitled Consent 

Agreement and Proposed Final Order 

for Animal Feeding Operations—

Seaboard Foods LP (August 21, 2006). 

The Department of Justice will receive 

for a period of thirty (30) days from the 

date of this publication comments 

relating to the Consent Decree. 

Comments should be addressed to the 

Assistant Attorney General, 

Environment and Natural Resources 

Division, P.O. Box 7611, U.S. 

Department of Justice, Washington, DC 

20044–7611, and should refer to United 

States v. Seaboard Food LP, Civil 

Action No. 06–cv–00989–R; D.J. Ref. No. 

90–5–1–1–07570. 

The Consent Decree may be examined 

at the Office of the United States 

Attorney, Western District of Oklahoma, 

210 Park Avenue, Suite 400, Oklahoma 

City, OK 73102, and at U.S. EPA Region 

VI, 1445 Ross Avenue, Dallas, TX 

75202–2733. During the public 

comment period, the Consent Decree, 

may also be examined on the following 

Department of Justice Web site, to 

http://www.usdoj.gov/enrd/ 

Consent_Decrees.html. A copy of the 

Consent Decree may also be obtained by 

mail from the Consent Decree Library, 

P.O. Box 7611, U.S. Department of 

Justice, Washington, DC 20044–7611 or 

by faxing or e-mailing a request to Tonia 

Fleetwood (tonia.fleetwood@usdoj.gov), 

fax no. (202) 514–0097, phone 

confirmation number (202) 514–1547. In 

requesting a copy from the Consent 

Decree Library, please enclose a check 

in the amount of $15.25 (61 pages at 25 

cents per page reproduction cost) 

payable to the U.S. Treasury or, if by email or fax, forward a check in that 

amount to the Consent Decree Library at 

the stated address. 

Thomas A. Mariani, Jr., 

Assistant Section Chief, Environmental 

Enforcement Section, Environment and 

Natural Resources Division. 

[FR Doc. 06–8287 Filed 9–26–06; 8:45 am] 

BILLING CODE 4410–15–M 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Consent Decree 

Between the United States and 

Seaboard Foods LP and PIC USA, Inc. 

Under 28 CFR 50.7, notice is hereby 

given that on September 15, 2006, a 

proposed consent decree (‘‘Consent 

Decree’’ between the United States and 

Seaboard Foods LP and PIC USA, Inc. 

was lodged with the United States 

District Court for the Western District of 

Oklahoma (Civil Action Number: 06–

cv–00990–R). 

The Consent Decree would resolve 

claims asserted by the United States in 

a Complaint filed on the same day 

against Seaboard Food LP and PIC USA, 

Inc. (collectively, ‘‘Defendants’’) seeking 

injunctive relief and assessment of civil 

penalties for violations of the Solid 

Waste Disposal Act, as amended by the 

Resource Conservation and Recovery 

Act (‘‘RCRA’’), 42 U.S.C. 6901 et seq., at 

certain concentrated animal feeding 

operations in Oklahoma that are now 

owned and/or operated by Seaboard 

Foods LP and were, at the relevant time, 

owned and/or operated by PIC USA, 

Inc. 

Specifically, the Complaint alleges 

that on June 26, 2001, EPA issued an 

Administrative Order pursuant to RCRA 

7003(b), 42 U.S.C. 6973(b), Order No. 

RCRA–06–2001–0908, to Seaboard 

Farms, Inc. (now Seaboard Foods LP) 

and PIC International Group, Inc., 

concerning the following farms: (a) 

Lacey (a.k.a. Bryan Sow & Norris 

Farms), located in Kingfisher County, 

Oklahoma; (b) Lacey 3 (a.k.a. Watson), 

located in Kingfisher County, 


rwilkins on PROD1PC63 with NOTICES